ENOC Link Terms of Use
1.Introduction
1.1Our companyThe following sections set out the terms and conditions (“Terms”) relating to your use of our website or application content under the domain name www.enoclink.ae and other associated URLs (the “Digital Platform”) and to any correspondence by e-mail, SMS or otherwise between us and you. In these Terms of use, “our”, “we”, and “us” refer to ENOC Link LLC, a limited liability company registered in the Emirate of Dubai, United Arab Emirates (“ENOC Link”), and “you”, “your” or “customer” means the user of the Digital Platform. The Digital Platform is operated by ENOC Link, and by using this Digital Platform, you agree to be bound by our Terms which maybe varied by ENOC Link in writing from time-to-time without notice. You will also be bound by ENOC Link’s privacy policy, which may also be varied from time to time without notice, and you are kindly requested to refer to the following link for more information:
2.Our contract with you
2.1Our contractThese Terms apply to the order by you, and each order is an offer by you to purchase the services from us as more particularly set out in your order (“Services”) in accordance with the relevant provisions set out herein (“Contract”). These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2Entire agreementThe Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3LanguageThese Terms and the Contract are made only in the English language.
3.Placing and order and its acceptance
3.1Digital PlatformWe provide our Services via our Digital Platform that allows you to arrange and schedule delivery of fuel and/or other related products and/or services from ENOC Link. Unless otherwise agreed by ENOC Link in a separate written agreement with you, our Services are made available solely for your personal and non-commercial use.
3.2Your accountYou must register for, and maintain, a personal user account (“Account”) for the subscription of our Services. You must be at least eighteen (18) years of age in order to obtain an Account, and you may not have more than one (1) Account. You will need to upload the ENOC Link app on your smart device, follow the instructions and provide all required information in order to create your account to allow ENOC Link to provide you with our Services. Account registration requires you to submit to ENOC Link certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ENOC Link’s termination of this Contract with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
3.3Network access and geolocationYou are responsible for obtaining the data network access necessary to use our Services. Your mobile network’s data rates may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to utilise our Digital Platform and any updates thereto. ENOC Link does not guarantee that the Digital Platform will function on any particular hardware or devices. In addition, the Digital Platform may experience inadvertent malfunctions and delays inherent in the use of the internet and electronic communications. You agree to allow ENOC Link to collect your precise geolocation for the purpose of improving your user experience and the delivery of our Services. You may disable your geolocation but be advised this may impact our Services to you. We will not disclose your geolocation to any unrelated third parties without your consent.
3.4Placing your orderPlease follow the onscreen prompts to place an order. You may only submit an order using the method set out on the Digital Platform. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order, and any request and requirement submitted by you is complete and accurate. We will use all reasonable endeavours to meet any performance dates specified in your order, but any such dates are estimates only and failure to perform the Services by such dates will not be considered a breach of this Contract.
3.5Accepting your orderOur acceptance of your order takes place in the Digital Platform where you will see your “pending order”, at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in your pending order.
3.6If we cannot accept your orderIf we are unable to supply you with the Services for any reason, we will inform you of this by our Digital Platform or phone, and we will not process your order. If we are unable to supply your order due to reasons under our control, no payment will be taken. If however we cannot make delivery due to a factor that is under your control (e.g. we cannot access the car to fuel it at the location you have specified and we have been unable to reach you) then we reserve the right to charge our delivery charges.
4.Your obligations
4.1 It is your responsibility to ensure that:
(a) the details of your order are complete and accurate;(b) you co-operate with us in all matters relating to the Services;(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;(d) where applicable, your premises comply with all applicable laws, including health and safety laws, so that we can perform our Services in a safe and secure manner.
4.2If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in Clause 4.1 (“Default”):
(a) we will be entitled to suspend performance of the Services until the Default is remedied to the extent the Default prevents or delays performance of the Services. In certain circumstances, the Default may entitle us to terminate the Contract under Clause 10 (“Termination”); and(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services.
5.Charges & payment
5.1ChargesOur charges including our fuel charges (which will be the prevailing “pump price” at the time when the fuel is delivered to you) and our delivery charges which are quoted on our Digital Platform at the time you submit your order (“Charges”). If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly. We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. Our Charges may change from time-to-time, but changes will not affect any order you have already placed.
5.2Value added taxOur Charges are Inclusive of VAT.
5.3PaymentsPayment for the Charges will be processed immediately after delivery of our Services (i.e. shortly after we have delivered and provided fuel to your vehicle). You can pay for the Services using a debit card or credit card. In certain cases, we may need to process a pre-authorisation of your payment card (i.e. if your card issuer requires the use of 3D-secure services) for a nominal amount such as AED 1.00, but this nominal amount will be refunded as part of your final payment for our Services.
5.4PaymentsYou agree that ENOC Link will send you a receipt by e-mail or text message, and/or through the Digital Platform. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law.
5.5CancellationYou may cancel an order for free via our Digital Platform with a minimum notice period of two (2) hours before the scheduled delivery. If you cancel a scheduled order within two (2) hours before delivery, or we are not able to access the vehicle to complete the delivery, we reserve the right to charge you a cancellation fee equivalent to the Charges for that particular order. If the cancellation is due to a reason from us, you will not be charged any amount.
6.Our operations & limitation of liability
We reserve the right to deliver, or not deliver, our fuel to you with or without any justification, and we will strive to use our best effort to provide the purest grades of fuel to you. We reserve the right to reject and/or modify your order from time-to-time, and will inform you of the same. Consequently, you agree that there could be a variation in quantity ordered and quantity supplied, but you will always be charged based on the quantity supplied. We reserve the right to:
(a)contact you through various channels during the order process;(b)right to charge delivery charge if your vehicle and/or the fuel tank or your vehicle are is not accessible (e.g. due to road health and safety issues or the fact that the fuel cap is locked);(c)not to provide you with our fuel if your vehicle details and/or locations are inaccurate, and we further reserve the right charge delivery charge; and(d) not deliver if our truck equipment and/or your vehicle equipment is faulty.
6.1Healthy and safetyBefore any petrol delivery, it is the responsibility of our driver and helpers to ensure that all safety measures are in place and there are no risks to safety. This control must be constant to prevent dangerous situations from arising. In order to assist us to achieve the same, you:
(a) will abide by all instructions as indicated by our driver and helpers;(b)will ensure that the vehicle to be refueled is parked and the engine switched off;(c) will not attempt to operate or handle any of our equipment;(d)will not smoke and/or use a mobile phone or any other electronic device;(e)will ensure children are kept away from the site where the fueling is taking place and will not interfere with our equipment and/or our driver and helpers;(f)will be respectful to our employees and will not interfere in our driver operations in any way whatsoever;(g) agree that we will not be liable for any damage to your vehicle outside of the insurance scope; and(i)agree to us imposing a delivery charge if your vehicle is not accessible/refueled due to non-compliance to our health and safety requirements.
7.Disclaimers
7.1GeneralOur Services are provided on an “as is and as available” basis, and you agree that all risks arising out of your use of our Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including (without limitation) the implied warranties of merchantability, fitness for a particular purpose. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of our Services or any services or goods requested through the use of our Services, or that our Services will be uninterrupted or error-free at all times.
7.2Limitation of liabilityWe will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of our Services. We shall not be liable for any damages, liability or losses arising out of your use of or reliance on our Digital Platform or your inability to access or use our Digital Platform. We will not be liable for delay, failure in performance, or any injuries resulting from causes beyond our reasonable control. Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire [fourteen (14)] days from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. Nothing in the Contract limits any liability which cannot legally be limited.
7.3IndemnificationYou are responsible for your use of the Services, and you will indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “ENOC Group”) from and against any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees), arising out of or in any way connected with:
(a)your inappropriate access to, use of, or alleged use of, our Services;(b)your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;(c)your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or(d)any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
8.How we may use your personal information
8.1Your personal informationWe will use any personal information you provide to us to:
(a)provide the Services;(b)process your payment for the Services; and(c)inform you about similar services and/or products that we provide, but you may stop receiving these at any time by contacting us.
8.2Our communicationYou agree to allow us to send you informational text (SMS) messages, e-mails and/or telephone. We will from time-to-time send you messages for the purpose of delivering our Services and improving your customer experience - for example, if we need to contact you if we are not able to locate your vehicle. You can opt out of receiving the text messages or e-mails by replying “STOP” after any text message received or clicking “UNSUBSCRIBE” after any e-mail received, but be advised this may impact our Services to you. Generally, we will only contact you via telephone if we have a query and/or an issue relating to the delivery of our Services to you.
8.3Your privacyFurther details of how we will process personal information are set out in
9.Ownership of license and content
9.1LicensingSubject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to access and use the Digital Platform (including (without limitation) any content, information and related materials that may be made available through our Services) on your personal device solely for your personal and non-commercial use.
9.2OwnershipOur Digital Platform and Services and all rights therein are and shall remain our property. Neither this Contract nor your use of the Digital Platform and/or Services convey or grant to you any rights:
(a) in, or related to, our Services except for the limited license granted above; or(b) to use or reference in any manner ENOC Group’s company names, logos, product and service names and/or trademarks.
9.3Content provided by youWe may, in our sole discretion, permit you from time-to-time to submit, upload, publish or otherwise make available to us, through our Digital Platform, textual, audio, and/or visual content and information, including commentary and feedback related to our Services, initiation of support requests, and submission of entries for competitions and promotions (“Content”). Any Content provided by you remains your property. However, by providing the Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilise in any manner such Content in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
10.Termination
Without limiting any of our other rights, we may suspend the access to our Digital Platform and/or performance of our Services, or terminate the Contract with immediate effect if you fail to comply with any terms and conditions of this Contract. Termination of the Contract will not affect your or our rights and remedies that have accrued up to the date of termination. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
11.Event outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
12.Feedback
For any assistance or inquiries regarding our Digital Platform and/or Services, please contact our support team via email: support@enoclink.ae - where applicable, our team will endeavor to reply to you within seven (7) days.
13.General
13.1AssignmentWe may assign or transfer our rights and obligations under the Contract to another entity. You may not:
(a) authorise third parties to use your Account; and/or(b) assign or otherwise transfer your Account to any other person or entity,without our prior written consent.
13.2VariationAny variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
13.3WaiverIf we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.4SeveranceEach paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5Third party rightsNo other person has any rights to enforce any of the terms and conditions of this Contract.
13.6Compliance with lawsYou agree to comply with all applicable laws in the United Arab Emirates when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to ENOC Link or any other party. We may, at its sole discretion, elect to not fill a requested vehicle if we deem it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by us, or you may be notified and asked to move your vehicle to a safe filling area.
13.7Governing law and jurisdictionThe Contract is governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates, and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the courts of the Emirate of Dubai.